10 U.S. Code § 14317 - Officers in transition to and from the active-status list or active-duty list

(a) Effect of Transfer to Inactive Status or Retired Status.— If a reserve officer on the reserve active-status list is transferred to an inactive status or to a retired status after having been recommended for promotion to a higher grade under this chapter or chapter
36 of this title, or after having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer—

(1)shall be treated as if the officer had not been considered and recommended for promotion by the selection board or examined and been found qualified for Federal recognition; and

(2)may not be placed on a promotion list or promoted to the higher grade after returning to an active status,

unless the officer is again recommended for promotion by a selection board convened under chapter
36 of this title or section
14101(a) or
14502 of this title or examined for Federal recognition under title 32.

(b) Effect of Placement on Active-Duty List.— A reserve officer who is on a promotion list as a result of selection for promotion by a mandatory promotion board convened under section
14101(a) or a special selection board convened under section
14502 of this title and who before being promoted is placed on the active-duty list of the same armed force and placed in the same competitive category shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list for officers on the active-duty list established under chapter
36 of this title.

(c) Officers on a Promotion List Removed From Active-Duty List.— An officer who is on the active-duty list and is on a promotion list as the result of selection for promotion by a selection board convened under chapter
36 of this title and who before being promoted is removed from the active-duty list and placed on the reserve active-status list of the same armed force and in the same competitive category (including a regular officer who on removal from the active-duty list is appointed as a reserve officer and placed on the reserve active-status list) shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list established under this chapter.

(d) Officers Selected for Position Vacancies.—

(1)Except as provided in subsection (e), if a reserve officer is ordered to active duty (other than active duty for training) or full-time National Guard duty (other than full-time National Guard duty for training only) after being recommended for promotion under section
14315 of this title to fill a position vacancy or examined for Federal recognition under title 32, and before being promoted to fill that vacancy, the officer shall not be promoted while serving such active duty or full-time National Guard duty unless the officer—

(A)is ordered to active duty as a member of the unit in which the vacancy exists when that unit is ordered to active duty; or

(B)has been ordered to or is serving on active duty in support of a contingency operation.

(2)If, under this subsection, the name of an officer is removed from a list of officers recommended for promotion, the officer shall be treated as if the officer had not been considered for promotion or examined for Federal recognition.

(e) Officers Ordered to Active Duty in Time of War or National Emergency.—

(1)A reserve officer who is not on the active-duty list and who is ordered to active duty in time of war or national emergency may, if eligible, be considered for promotion—

(A)by a mandatory promotion board convened under section
14101(a) of this title or a special selection board convened under section
14502 of this title; or

(B)in the case of an officer who has been ordered to or is serving on active duty in support of a contingency operation, by a vacancy promotion board convened under section
14101(a) of this title, or by examination for Federal recognition under title 32.

(2)An officer may not be considered for promotion under this subsection after the end of the two-year period beginning on the date on which the officer is ordered to active duty.

(3)An officer may not be considered for promotion under this subsection during a period when the operation of this section has been suspended by the President under section
123(a) of this title.

(4)Consideration of an officer for promotion under this subsection shall be under regulations prescribed by the Secretary of the military department concerned.

Subsec. (e). Pub. L. 108–136, § 512(a)(2), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “Under regulations prescribed by the Secretary of the military department concerned, a reserve officer who is not on the active-duty list and who is ordered to active duty in time of war or national emergency may, if eligible, be considered for promotion by a mandatory promotion board convened under section
14101(a) or a special selection board convened under section
14502 of this title for not more than two years from the date the officer is ordered to active duty unless the President suspends the operation of this section under the provisions of section
123 or
10213 of this title.”

Amendment by Pub. L. 104–106effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) ofPub. L. 104–106, set out as a note under section
113 of this title.

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